Suter v. UNUM Life Insurance Company of America et al, No. 1:2016cv00208 - Document 32 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 2/7/2017. (awac, )
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Suter v. UNUM Life Insurance Company of America et al Doc. 32 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Kenette Suter, Plaintiff, Civil No. 1:16-cv-208 V. UNUM Life Insurance Company of America, Defendant. Memorandum Opinion Thismatter comes before the courton PlaintiffKenette Suter's plea for declaratory judgment against UNUM Life Insurance Company of America ("UNUM") under the Employee Retirement Income Security Act of 1974 ("ERISA") seeking life insurance benefits due to her, as beneficiary under the terms of her husband Michael Suter's employee benefit plan. Plaintiff alleges that Defendant failed to provide benefits under ERISA, failed to conduct a fiill and fair review under ERISA, and breached its fiduciary duty. The parties cross-moved for summary judgment. For the reasons discussed below. Defendant's Motion for Summary Judgment, Dkt. No. 17,is DENIED and Plaintiffs cross-Motion for Summary Judgment, Dkt. No. 20, is GRANTED. The matter is remanded to the Plan Administrator for a review consistent with this memorandum opinion. I. Background The following factual background, policy information, and procedural history are taken from the claim folder associated with the ERISA review process. As discussed in Part II, Dockets.Justia.com
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